JAN j 6 2010 - United States District Court

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the Court may order that discovery be filed with the Court in order to preserve the integrity of the information. However, such practice is only permitted after the Court has determined, upon timely motion, that filing with the Court is necessary to safeguard the interests jeopardized by the normal discovery process. When such situations arise, counsel are encouraged to formulate agreements governing discovery that minimize the judicial role in administering routine discovery matters. (3) Filings Under Seal. Documents, electronically stored information and things may be filed under seal in accordance with the procedures set forth in Local Rule 5.4. C. Supplementing Answers. The Federal Rules of Civil Procedure expressly provide that in many instances a party is under a duty to supplement or correct a prior disclosure or response to include information thereafter acquired. See Federal Rule of Civil Procedure 26(e). A party may not, by placing supplementation language at the beginning of its discovery request, expand the obligations of another under the Federal Rules of Civil Procedure. D. Timeliness and Sanctions. (1) Timeliness of Discovery Responses. The Federal Rules of Civil Procedure set forth explicit time limits for responses to discovery requests. Those are the dates by which a lawyer should respond; counsel should not await a Court order. If a lawyer cannot answer on time, an extension of time should first be sought from opposing counsel. If unable to resolve the matter informally, counsel should move for an extension of time in which to respond, and inform opposing counsel so that, in the meantime, no unnecessary motion to compel a response will be filed. See Local Rule 26.1-r^(i) requiring a certificate that counsel have conferred before seeking judicial relief. (2) Extensions of Time. Motions for extension of time within which to respond to discovery should be filed sparingly and only when counsel are unable informally to resolve the matter with opposing counsel. Counsel should be aware that the mere filing of a motion for an extension of time in which to respond does not, absent an order of the Court, extend the deadline for responding to discovery requests. See Local Rule 7.l.A.3(a) (3) . (3) Objections. When objections are made to discovery requests, all grounds for the objections must be specifically stated. When objections are untimely made, they are waived. See Local Rule 26.1.C.3.a(g)(3)(A). (4) Sanctions. Because lawyers are expected to respond when the Federal Rules of Civil Procedure require. Federal Rule of Civil Procedure 37 provides that if an opposing lawyer must go to Court to make the recalcitrant party answer, the moving party may be awarded counsel fees incurred in compelling the discovery. Federal Rule of Civil Procedure 37 is enforced in this District. Further, if a Court order is obtained compelling discovery, unexcused failure to provide a timely response is treated by the Court with the gravity it deserves; willful violation of a Court order is always serious and may be treated as contempt. 88
(5) Stays or Limitation of Discovery. Normally, the pendency of a motion to dismiss or motion for summary judgment will not justify a unilateral motion to stay discovery pending a ruling on the dispositive motion. Such motions for stay are generally denied except where a specific showing of prejudice or burdensomeness is made, or where a statute dictates that a stay is appropriate or mandatory. Sec,—e.g.—See, e.Q., 15 U.S.C. § 77z-l(b)(l), the Private Securities Litigation Reform Act of 1995. This policy also applies when a case is referred to Court annexed mediation under Local Rule 16.2. Where a motion to dismiss for lack of personal jurisdiction has been filed pursuant to Federal Rule of Civil Procedure 12(b)(2), discovery may be limited to jurisdictional facts by Court order. E. Completion of Discovery. (1) Discovery Completion. Local Rule 16 .l-rA(a) sets discovery completion dates for differentiated case management tracks. The Judges may have individual methods extending the deadline, however, each Judge enforces Local Rule 26.l-rF-(f), which requires that discovery be completed and not merely propounded prior to the discovery cutoff date. (2) Extension of Time for Discovery Completion. Occasionally, the Court will allow additional discovery upon motion, but counsel should not rely on obtaining an extension. When allowed, an extension is normally made only upon written motion showing good cause for the extension of discovery (including due diligence in the pursuit of discovery prior to completion date) and specifying the additional discovery needed and its purposes. Motions for extension of discovery time are treated with special disfavor if filed after the discovery completion date and will normally be granted only if it clearly appears that any scheduled trial will not have to be continued as a result of the extension. II. DEPOSITIONS A. General Policy and Practice. (1) Scheduling. A courteous lawyer is normally expected to accommodate the schedules of opposing lawyers. In doing so, the attorney can either pre-arrange a deposition, or notice the deposition while at the same time indicating a willingness to be reasonable about any necessary rescheduling. Local Rule 26.l-rJ(i) requires at least five working seven (7) days' notice in writing to every other party and to the deponent (if a non-party) for a deposition in this State, and ten working fourteen (14) days' notice for an out-of-state deposition. Noncompliance obviates the need for protective order. Notwithstanding the foregoing, in accordance with Federal Rule of Civil Procedure 32 (a)-(-3-)-(5) (A) . no deposition shall be used against a party who, having received less than eleven calendar fourteen (14) days' notice of a deposition as computed under Federal Rule of Civil Procedure 6(a), has promptly upon receiving such notice filed a motion for protective order under Federal Rule of Civil Procedure 26 (c)42-Hl) (B) requesting that the deposition not be held or be held at a different time or place 89
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United States District Court Southe
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Administrative Order 94-51, In Re A
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e disclosed to the Clerk of the Cou
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Authority (1993) Former Local Rules
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compliance with the CM/ECF Administ
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Re: Repeal of Local Rule 5.2.D and
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and Court filings are matters of pu
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supplanting original electronic fil
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the date of any hearing held on the
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limitations. (2000) The addition of
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A. Motions for Attornoyo Food and/o
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substantially similar to) AO 133 of
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Authority (1993) Former Local Rule
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Roll of Attorneys. The Bar of this
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Except as otherwise ordered by a Ju
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If the complaint alleges a violatio
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Comments (1993) This Local Rule has
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Rule 16.1^A(a) above; 4fef(B) The d
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Defendant. WARRANT FOR ARREST IN R
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(4) The vessel is currently berthed
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Attorney Name (Bar Number Typed Nam
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the Court to enter an Order directi
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THEREFORE, in light of the facts pr
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located and to be found at and desc
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Defendant. AFFIDAVIT (Foreign Attac
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B^-(B) Motions for judgment on the
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Effective Dec. 1, 1994; amended eff
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States Code, Section 636(b)(1)(B).
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) Plaintiff,) ) vs.) ) Defendant.)
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Rule 3. Retention of Membership in
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j— (i) Referral. Any District Jud
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Effective Dec. 1, 1994. Amended eff
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cause for such withdrawal is furnis
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Comments (1996) Section A. and B.2.
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Jurisdiction and Powers. (1) The Co
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Court shall issue an order requirin
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jfc-r (1) the procedure in that oth
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If after meeting with the attorney
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the reinstatement proceeding. Effec
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JAN j 6 2010 - United States District Court

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